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<br /> <br />CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, ALAMEDA <br /> <br />ORDINANCE NO. <br /> <br />AN URGENCY ORDINANCE EXTENDING THE MORATORIUM ON <br />MEDICAL MARIJUANA DISPENSARIES <br /> <br />WHEREAS, in 1996 the voters of California enacted Proposition 215, "The Compassionate Use <br />Act of 1996" to ensure that "seriously ill Californians have the right to obtain and <br />use marijuana for medical purposes where the medical use is deemed appropriate <br />and has been recommended by a physician," without violating State laws <br />regarding possession and cultivation of marijuana; <br /> <br />WHEREAS, at its meeting on August 16,2005, the City Council reviewed the staff report and <br />attachments (SR 05:128) regarding harmful secondary effects with existing <br />medical marijuana dispensaries in the state and more locally in Alameda County, <br />including increased crime, vagrancy and blight, as well as ongoing conflicts with <br />federal policies for controlled substances and adopted Ordinance No. 1923 to <br />impose a 45-day moratorium on medical marijuana dispensaries; <br /> <br />WHEREAS, at it meeting on September 20, 2005, the City Council reviewed the staff report <br />and attachments (SR 05: 261) and extended the moratorium on medical marijuana <br />dispensaries for ten months and fifteen days; <br /> <br />WHEREAS, an urgency ordinance to impose a moratorium on medical marijuana dispensaries <br />is exempt for review under the California Environmental Quality Act (CEQA) as it <br />is not a project under CEQA; and if a project under CEQA, will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment and <br />only directs that a planning study be undertaken, pursuant to 14 CCR sections <br />15060(c)(2), 15061(b)(3), 15262; <br /> <br />THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS <br />FOLLOWS: <br /> <br />Section 1: The City Council finds that the Pleasanton Municipal Code does not specifically <br />address medical marijuana dispensaries and the City's Planning Department has <br />received two inquiries into such a use, with the most recent inquiry on September <br />1,2005. <br /> <br />Section 2: The City Council finds that the secondary effects of medical marijuana <br />dispensaries pose a current and immediate threat to the public health, safety and <br />